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Rebordering Britain & Britons after Brexit

Once again: Plural nationality


Plural nationality is as normal as single nationality, and it is accepted as inevitable by more and more states. It is the natural result of the existence of states and the vast and overlapping diversity of criteria for attribution of nationality. Von Savigny and Laurent wrestled in their time with similar problems as we witness nowadays, although new phenomena such as sexual equality and increased mobility create new urgencies. Brexit prods some states into embracing dual nationality. Some sensitive areas are explored, first of all antiterrorist measures in the field of nationality, where plural nationality is welcomed as it enables states to divest themselves of unwanted citizens. These policies are discriminatory and weaken the bond of nationality for monopatrides as well. Finally, George Scelle’s theory on dédoublement fonctionnel is used to explain that Member States attribute the nationality of the European Union, leading to Union citizenship, alongside the Union citizenship as based on the nationality of the Member States. This explains the differences between national citizenships and the more limited Union citizenship.

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Maastricht Journal of European and Comparative Law


Hans Ulrich Jessurun D’Oliveira (Netherlands and Italy)

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